Vathis v. State
District Court of Appeal of Florida
1Per curiam
Appellant argues that the evidence was insufficient to prove the elements of capital sexual battery and lewd, lascivious, or indecent assault. Even though the defense put on evidence, appellant was under no obligation thereafter to renew the motion for judgment of acquittal he made at the close of the state’s evidence. See Morris v. State, 721 So.2d 725, 726 (Fla.1998). But that motion did not preserve the sufficiency points now argued on appeal. See, e.g., Clark v. State, 635 So.2d 68, 68-69 (Fla. 1st DCA 1994); Showers v. State, 570 So.2d 377, 378 (Fla. 1st DCA 1990); Cornwell v. State, 425…
2Cases cited5 opinions
- G. W. B. v. StateDistrict Court of Appeal of Florida · 1976
- Cornwell v. StateDistrict Court of Appeal of Florida · 1983
- Morris v. StateSupreme Court of Florida · 1998
- Showers v. StateDistrict Court of Appeal of Florida · 1990
- Clark v. StateDistrict Court of Appeal of Florida · 1994
3Cited by2 opinions
- Antonio Morales v. State of FloridaDistrict Court of Appeal of Florida · 2015
- Antonio Morales v. State of FloridaDistrict Court of Appeal of Florida · 2015